Sea Girt City Zoning Code
§ 17-5.26.2
Affordable Housing Overlay Zone AH-3 In The Borough's Commercial District.
[Added 3-13-2024 by Ord. No. 04-2024]
a.
Purpose. The purpose of this subsection is to establish an Affordable Housing Overlay Zoning Ordinance that imposes an overlay zone over specific areas of the Borough. Given the built-out nature of the Borough, an effective affordable housing overlay zone will produce affordable units when suitable opportunities become available through redevelopment or other planning mechanisms. This subsection will ensure that residential affordable housing developments accompany major development on tax lots included in the overlay zone. The specific areas included are the portions of the Borough that is able to realistically accommodate affordable housing development, which are in proximity to public transit and the Borough's main mixed-use commercial thoroughfares.
1.
The subsection includes parcels fronting Washington Street for both the 2 East and 2 West Zoning Districts as delineated in the Settlement Agreement with Fair Share Housing Center. The list of specific tax lots are identified as follows:
(a)
Block 76 Lot 1; Block 76 Lot 2; Block 76 Lot 3; Block 76 Lot 4; Block 76 Lot 6; Block 76 Lot 7; Block 76 Lot 8; Block 76 Lot 9; Block 76 Lot 10; Block 77 Lot 4; Block 77 Lot 5; Block 77 Lot 6; Block 77 Lot 7.01; Block 77 Lot 7.02; Block 77 Lot 7.03; Block 77 Lot 7.04; Block 77 Lot 7.05; Block 77 Lot 7.06; Block 77 Lot 7.07; Block 77 Lot 7.08; Block 77 Lot 7.09; Block 77 Lot 7.10; Block 77 Lot 7.11; Block 77 Lot 7.12; Block 77 Lot 7.13; Block 77 Lot 7.14; Block 77 Lot 7.15; Block 77 Lot 7.16; Block 77 Lot 7.17; Block 77 Lot 7.18; Block 77 Lot 7.19; Block 77 Lot 7.20; Block 77 Lot 8; Block 77 Lot 9; Block 77 Lot 10; Block 77 Lot 11; Block 77 Lot 12; Block 77 Lot 13; Block 77 Lot 14; Block 77 Lot 15; Block 77 Lot 16; Block 77 Lot 17; Block 92 Lot 1; Block 92 Lot 2; Block 92 Lot 3; Block 105 Lot 1; Block 105 Lot 20; Block 105 Lot 21; Block 105 Lot 22.
2.
The affordable housing overlay zone will regulate said developments through bulk and design standards. However, the Borough's underlying zoning will still be in effect. This will allow affordable housing to be approved under local ordinance and regulations without detriment to the existing Borough zoning plan and ordinance. This creates a realistic opportunity to provide for the development of affordable housing in accordance with the Fair Housing Act (N.J.S.A. 52-27D-301), New Jersey Council on Affordable Housing ("COAH") prior round regulations, and the Housing Element and Fair Share Plan prepared by the Borough to address its Third-Round affordable housing obligation.
b.
Affordable Housing Overlay Zoning Provisions.
1.
Purpose. The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the Court, the Fair Housing Act, and the Housing Element and Fair Share Plan of Sea Girt. Permitted and conditional uses within the designated Overlay Zone shall include all permitted and conditional uses in the underlying zoning district in which the Overlay Zone is located and allow for affordable housing development within the provisions of this subsection.
2.
Affordable Housing Overlay Zone. Tax lots with frontage on Washington Street within the Borough of Sea Girt shall be included in the overlay zone and allow for affordable housing development with no affect to any existing zoning district regulations or standards. A map is attached to this subsection that delineates the overlay zone.[1]
[1]
Editor's Note: The map is on file in the Borough offices.
3.
Principal Permitted Uses.
(a)
All uses permitted within the underlying zoning district in which the overlay zone is located.
(b)
Affordable housing development as defined in subsection 17-5.26.4.3 of the Affordable Housing Ordinance of the Borough Code as for sale or rental housing which may include the following uses:
(1)
Mixed Use Buildings that include commercial, restaurant, retail or office space on the ground floor and residential development on the second and third floors.
(c)
Permitted Accessory Uses. Uses that are customary and incidental to multi-family housing, including, but not limited to:
(d)
Bulk Regulations. Pursuant to this subsection for purposes of this subsection, Seventh Avenue (Route 71) shall be considered the front yard and any intersecting street shall be considered the side yard.
(1)
Minimum Lot Frontage (feet): 50.
(2)
Minimum Lot Depth (feet): 150.
(3)
Minimum Front Yard Setback (feet): 10.
(4)
Minimum Side Yard Setback: six.
(5)
Minimum Rear Yard Setback (feet): 20.
(6)
Maximum Height (stories/feet): 3/45.
(7)
Maximum Building Coverage (percent): 40%.
(8)
Maximum Improved Lot Coverage (percent): 85%.
(e)
Projections from buildings, such as, but not limited to balconies, patios, chimneys and windows may extend into the building set-back provided they shall be set-back a minimum of five feet from all property lines.
(f)
All property lines abutting a residential use shall provide a ten-foot landscaped buffer. Said buffer shall not be in addition to the required setback.
(g)
Area, Yard and Bulk Requirements for Accessory Structures (including parking) and Uses. Pursuant to this subsection, Washington Boulevard is the front yard and Fifth Avenue is a side yard. No accessory structures shall be permitted in the front yard set-back.
4.
Affordable Housing Requirement. A 20% set-aside with a minimum of one unit. All affordable housing developments shall conform to the standards found in the Borough of Sea Girt's Affordable Housing Ordinance including provisions for affordability, very-low-income units, and UHAC standards.